One of Scalia’s stock lines is about the debate over the “living Constitution” versus the “Originalist” school that he belongs to.

“It’s not a living document, it’s a dead document,” Scalia said in a Montana appearance. “Oh, don’t put it that way. It’s an enduring document. It’s a meaningless document if its meaning changes according to whatever the Supreme Court thinks.”

Scalia also sent a zinger toward the people who believe the Court should settle the controversy over legalized same-sex marriage.

“It’s not up to the courts to invent new minorities that get special protections that are not subject to the usual rule that you have to get the majority to agree with it,” Scalia said.

The Court gave Cohen permission to quote from the audio, which shows that Kennedy was almost conducting a law school class during his speech.

After Kennedy led the audience through an exercise about the First Amendment, he answered a question about cameras in the courtroom.

“From an institutional standpoint know that my colleagues and I are not immune from the instinct to grab a headline and I don’t want to think that my colleague asked a question for the benefit of the press. I don’t want to introduce that insidious dynamic between myself and my colleagues,” he said about the possibility of courtroom video.

Share:

Comments

Podcast: The Iran Nuclear Deal

BakerHostetler's David Rivkin and Hofstra University's Julian Ku join the National Constitution Center's Jeffrey Rosen to discuss the Iran nuclear deal and the constitutional questions about its passage and enforcement.